Sec. 9-307. Certificate of check lists. Immediately after the polls are closed, the
official checkers, appointed under the provisions of section 9-234, shall make and deliver
to the moderator a certificate, in duplicate, stating the whole number of names on the
registry list or enrollment list including, if applicable, unaffiliated electors authorized
under section 9-431 to vote in the primary, and the number checked as having voted in
that election or primary. For the purpose of computing the whole number of names on
the registry list, the lists of persons who have applied for presidential or overseas ballots
prepared in accordance with section 9-158h shall be included. Thereupon the registrars
or assistant registrars, as the case may be, acting at the respective polls, shall write and
sign with ink, on the list or lists so used and checked, a certificate of the whole number
of names registered thereon eligible to vote in the election or primary and the number
checked as having voted in that election or primary, and deposit it in the office of the
municipal clerk of their town on or before the following day. The municipal clerk shall
carefully preserve the same on file, with the marks on it without alteration, for public
inspection, and shall immediately enter a certified copy of such certificate on the town
records. Subject to the provisions of section 7-109, the municipal clerk may destroy any
voting check list four years after the date upon which it was used. The moderator shall
place one of the duplicate certificates which he received from the official checkers in
the voting machine together with the moderator's return provided for in sections 9-259
and 9-310 and shall then lock the machine as provided in section 9-310, and he shall
deposit the other of such duplicate certificates in the office of the municipal clerk on or
before the following day.

History: 1963 act added authority to destroy check list after four years; 1965 act provided for count of whole number
of names on registry list to include the list of new resident voters prepared pursuant to Sec. 9-163g; P.A. 76-295 deleted
the latter provision and inserted provision for the count to include persons who applied for presidential ballots and those
who applied for overseas ballots; P.A. 77-245 changed "town clerk's office" to "office of the municipal clerk" and "town"
to "municipal" clerk where appearing; P.A. 86-179 made technical changes; P.A. 87-509 required certificate to also state
whole number of names on enrollment list including, if applicable, unaffiliated electors authorized to vote in primary; P.A.
88-364 made a technical change.

Not improper to combine this certificate with that required under Sec. 9-259. 116 C. 41. See annotations to Sec. 9-310.

Sec. 9-308. Canvass of returns. Immediately on the close of the polls, the election
officials shall proceed to canvass the returns as provided in section 9-309 and shall not
stop for any purpose until the canvass is completed. The room in which such canvass
is made shall be clearly lighted and such canvass shall be made in plain view of the
public. No person or persons, during the canvass, shall close or cause to be closed the
main entrance to the room in which such canvass is conducted, in such manner as to
prevent ingress or egress thereby, but, during such canvass, no person other than the
election officials shall be permitted to be on the side of the guard rail where the voting
machine is located.

Sec. 9-309. Procedure for announcing result. As soon as the polls are closed,
the moderator, in the presence of the other election officials, shall immediately lock the
voting machine against voting and immediately open the counting compartments, giving
a full view of all the counter numbers to all the election officials present. The moderator
shall, in the order of the offices as their titles are arranged on the machine, read and
announce in distinct tones the result as shown by the counter numbers, giving the number
indicated by each counter and indicating the candidate to whom such counter belongs,
and shall read the votes recorded for each office on the voting machine ballot label. He
shall also, in the same manner, announce the vote on each constitutional amendment,
proposition or other question voted on. The vote so announced by the moderator shall
be taken down by each checker and recorded on the tally sheets. Each checker shall
record the number of votes received for each candidate on the voting machine ballot
label and also the number received by each person for whom write-in ballots were cast.
The counter compartment of the voting machine shall remain open until the statement
of canvass and all other reports have been fully completed and signed by the moderator,
checkers and registrars, or assistant registrars, as the case may be. The result of the votes
cast shall be publicly announced by the moderator, who shall read the name of each
candidate, with the designating number and letter of his counter and the machine vote
registered on such counter and the absentee vote as furnished the moderator by the
absentee ballot counters; also the vote cast for and against each question submitted.
While such announcement is being made, ample opportunity shall be given to any person
lawfully present to compare the results so announced with the counter dials of the machine and any necessary corrections shall then and there be made by the moderator,
checkers and registrars or assistant registrars, after which the doors of the voting machine
shall be closed and locked. In canvassing, recording and announcing the result, the
election officials shall be guided by any instructions furnished by the Secretary of the
State. If the machine is equipped with a device for printing totals of candidate and
question counters, and the device has been made operational at the instruction of both
registrars of voters, the doors concealing the counters shall not be opened. The printed
record produced by the machine shall be the official return, and the results of the votes
as shown thereon shall be proclaimed in the same manner as herein provided and ample
opportunity shall be given to any person lawfully present to inspect such printed records.
If the moderator finds that the printed record is not clear, the doors concealing the
counters shall be opened and counting shall proceed as with a machine which does not
have such a device.

History: 1965 act provided that where machine is equipped with device for printing totals of candidate and questions
counters, concealing doors not to be opened and the printed record shall be the official return and so proclaimed with
opportunity given persons lawfully present to inspect the records, however, where printed record not clear concealing
doors to be opened and counting proceed as with other machines; 1969 act deleted provision for alternate to moderator to
announce results of votes cast, and added provision for announcing both the machine vote registered on the counter and
the absentee vote furnished to moderator by absentee ballot counters; P.A. 83-475 amended section to make use of printing
device on voting machines permissive rather than mandatory.

Sec. 9-310. Sealing of tabulator by moderator. As soon as the count is completed
and the moderator's return required under the provisions of section 9-259 has been
executed, the moderator shall place the sealed tabulator in the tabulator bag, and so seal
the bag, and the tabulator shall remain so sealed against voting or being tampered with
for a period of fourteen days, except as provided in section 9-311 or pursuant to an
order issued by the State Elections Enforcement Commission. If it is determined that
a recanvass is required pursuant to section 9-311 or 9-311a, immediately upon such
determination the tabulators, write-in ballots, absentee ballots, moderators' returns and
all other notes, worksheets or written materials used at the election shall be impounded
at the direction of the Secretary of the State. Such package shall be preserved for one
hundred eighty days after such election and may be opened and its contents examined
in accordance with section 9-311 or upon an order of a court of competent jurisdiction.
At the end of one hundred eighty days, unless otherwise ordered by the court, such
package and its contents may be destroyed. Any person who unlocks the voting or
operating mechanism of the tabulator or the counting compartment after it has been
locked as above directed or breaks or destroys or tampers with the seal after it has been
affixed as above directed or changes the indication of the counters on any voting tabulator
within fourteen days after the election or within any longer period during which the
tabulator is kept locked as ordered by a court of competent jurisdiction or by the State
Elections Enforcement Commission in any special case, except as provided in section
9-311, shall be imprisoned for not more than five years. Any tabulator may be released
in less than fourteen days, for use in another election, by order of a court, if there is no
disagreement as to the returns from such machine and no order directing impoundment
has been issued by the State Elections Enforcement Commission.

History: 1963 act made technical change in language; P.A. 77-239 added provision for opening package of write-in
ballots, where there is a recanvass in case of a discrepancy, to the existing provision for opening them on order of court
of competent jurisdiction; P.A. 85-514 amended section to require impoundment of machines, write-in ballots, absentee
ballots, moderators' returns and all other notes, worksheets or written material upon determination of a recanvass; P.A.
86-1 added references to order issued by state elections enforcement commission; P.A. 87-382 substituted "one hundred
eighty days" for "six months"; P.A. 95-88 changed number of days machine remains locked from 10 to 14; P.A. 07-194
replaced provisions re locking of machines with provisions re sealing of tabulators by moderator and made conforming
and technical changes.

See Sec. 9-266 re safekeeping of voting machine keys and storage of machines after election.

What constitutes basis for determining discrepancy; honest and reasonable judgment of canvassing official cannot be
controlled by mandamus; difference between number on checkers' certificate and that recorded on machine as having
voted would not necessarily show error in canvassing or in operation of machine. 116 C. 36. Cited. 216 C. 253.

Sec. 9-311. Recanvass in case of discrepancy. (a) If, within three days after an
election, it appears to the moderator that there is a discrepancy in the returns of any
voting district, such moderator shall forthwith within said period summon, by written
notice delivered personally, the recanvass officials, consisting of the mechanic or mechanics, at least two checkers of different political parties and at least two absentee
ballot counters of different political parties who served at such election, and the registrars
of voters and the clerk of the municipality in which the election was held. Such written
notice shall require such clerk to bring with him the depository envelopes required by
section 9-150a, the package of write-in ballots provided for in section 9-310, the absentee
ballot applications, the list of absentee ballot applications, the registry list and the moderators' returns and shall require such recanvass officials to meet at a specified time not
later than the fifth business day after such election to recanvass the returns of a voting
machine or voting machines or absentee ballots or write-in ballots used in such district
in such election. If any of such recanvass officials are unavailable at the time of the
recanvass, the registrar of voters of the same political party as that of the recanvass
official unable to attend shall designate another elector having previous training and
experience in the conduct of elections to take his place. Before such recanvass is made,
such moderator shall give notice, in writing, to the chairman of the town committee of
each political party which nominated candidates for the election, and, in the case of a
state election, to the Secretary of the State, of the time and place where such recanvass
is to be made; and each such chairman may send two representatives to be present at
such recanvass. Such representatives may observe, but no one other than a recanvass
official may take part in the recanvass. If any irregularity in the recanvass procedure is
noted by such a representative, he shall be permitted to present evidence of such irregularity in any contest relating to the election.

(b) The moderator shall determine the place or places where the recanvass shall be
conducted and, if such recanvass is held before the machines are boxed and collected
in the manner required by section 9-266, the moderator may either require that such
recanvass of such machines be conducted in each place where the machines are located,
or he may require that they be removed to one central place, where such recanvass shall
be conducted. All recanvassing procedures shall be open to public observation. Such
recanvass officials shall, in the presence of such moderator and clerk, make a record of
the number on the seal and the number on the protective counter, if one is provided, on
each voting machine specified by such moderator. Such clerk in the presence of such
moderator shall turn over the keys of each such machine to such recanvass officials, and
such recanvass officials, in the presence of such clerk and moderator, shall immediately
proceed to open the counter compartment of each such machine and, without unlocking
such machine against voting, recanvass the vote cast thereon, and shall then open the
package of absentee ballots and recanvass the vote cast thereon. In the course of the
recanvass of the absentee ballot vote the recanvass officials shall check all outer envelopes for absentee ballots against the inner envelopes for such ballots and against the
registry list to verify postmarks, addresses and registry list markings and also to determine whether the number of envelopes from which absentee ballots have been removed
is the same as the number of persons checked as having voted by absentee ballot. The
write-in ballots shall also be recanvassed at this time. All of the recanvass officials shall
use the same forms for tallies and returns as were used at the original canvass and the
absentee ballot counters shall also sign the tallies.

(c) The votes shall be announced and recorded in the manner prescribed in section
9-309 on return forms provided by the municipal clerk and appended thereto shall be a
statement signed by the moderator indicating the time and place of the recanvass and
the names, addresses, titles and party affiliations of the recanvass officials. The write-in ballots shall be replaced in a properly secured sealed package. Upon the completion
of such recanvass, such machine shall be locked and sealed, the keys thereof shall immediately be returned to such clerk and such machine shall remain so locked until the
expiration of fourteen days after such election or for such longer period as is ordered
by a court of competent jurisdiction. The absentee ballots shall be replaced in their
wrappers and be resealed by the moderator in the presence of the recanvass officials.
Upon the completion of such recanvass, such moderator and at least two of the recanvass
officials of different political parties shall forthwith prepare and sign such return forms
which shall contain a written statement giving the result of such recanvass for each
machine and each package of absentee ballots whose returns were so recanvassed, setting
forth whether or not the original canvass was correctly made and stating whether or
not the discrepancy still remains unaccounted for. Such return forms containing such
statement shall forthwith be filed by the moderator in the office of such clerk. If such
recanvass reveals that the original canvass of returns was not correctly made, such return
forms containing such statement so filed with the clerk shall constitute a corrected return.
In the case of a state election, a recanvass return shall be made in duplicate on a form
prescribed and provided by the Secretary of the State, and the moderator shall file one
copy with the Secretary of the State and one copy with the town clerk not later than ten
days after the election. Such recanvass return shall be substituted for the original return
and shall have the same force and effect as an original return.

(d) As used in this section, (1) "moderator" means, in the case of municipalities not
divided into voting districts, the moderator of the election and, in the case of municipalities divided into voting districts, the head moderator of the election, and (2) "registrars
of voters", in a municipality where there are different registrars of voters for different
voting districts, means the registrars of voters in the voting district in which, at the last-preceding election, the presiding officer for the purpose of declaring the result of the
vote of the whole municipality was moderator.

History: 1959 act included recanvass of absentee ballots; 1963 act required duplicate of moderator's statement of
recanvass in state election be sent to secretary and provided corrected return be substituted for and have effect of original;
1967 act provided for written notice of a recanvass for discrepancy to be delivered personally to recanvass officials as
specified and the registrars of voters requiring recanvass officials to meet at specified time and if such officials unable to
attend, registrars to designate another elector of same party to substitute, also provided for notice to secretary of the state
in the case of a state election, substituted "recanvass officials" for "election officials" throughout, provided for moderator
to determine where recanvass to occur, provided for votes cast by absentee ballots to be announced and recorded as
prescribed in Sec. 9-309 on forms provided by municipal clerk with statement signed by moderator appended indicating
time, place and particulars concerning recanvass officials, further provided that, in addition to moderator, at least two of
the recanvass officials of different political parties to prepare and sign return forms, deleted provision for witnessing of
the forms; where recanvass reveals original canvass of returns not correctly made, provided that return forms containing
such statement filed with the clerk shall constitute a corrected return, changed provision in the case of a state election so
that recanvass return made on form provided by secretary of the state and in addition to copy filed with latter and copy to
be filed with town clerk, substituted "recanvass return" for "corrected return" in the provision for the return to be substituted
for the original return, further provided that term "registrars of voters" in municipality having different registrars for
different voting districts means the registrars in the voting district in which at the last-preceding election, the presiding
officer for purposes of declaring result of vote of the whole municipality was moderator; 1971 act deleted "or chief" from
"head or chief moderator" and also the proviso that where "there is no head or chief moderator, the moderator of the first
district"; P.A. 77-239 included write-in votes as a part of the recanvass; P.A. 85-382 required clerk to bring absentee ballot
applications, list of absentee ballot applications, registry list, moderators' returns and depository envelope for recanvass,
required designated elector to have training and experience in the conduct of elections, required that no one other than
recanvass official take part in recanvass, allowed representative to present evidence of any irregularity, mandated that
procedures be open to public, required recanvass officials to check outer envelopes for absentee ballots against inner
envelopes for such ballots and against the registry list to verify postmarks, addresses and registry list markings, required
determination of whether the number of envelopes correspond with number of persons checked as voting by absentee
ballot, required officials to use same forms for tallies and returns as used at original recanvass, and required absentee ballot
counters to sign the tallies; P.A. 93-30 made technical changes, effective July 1, 1993; P.A. 95-88 divided section into
Subsecs., amended Subsec. (a) to change time of recanvass officials' meeting from within 5 business days after election
to not later than fifth business day after election, and amended Subsec. (c) to change number of days machine remains
locked from 10 to 14.

See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.

Sec. 9-311a. Recanvass on close vote. For purposes of this section, state, district
and municipal offices shall be as defined in section 9-372 except that the office of
presidential elector shall be deemed a state office. Forthwith after a regular or special
election for municipal office, or forthwith upon tabulation of the vote for state and
district offices by the Secretary of the State, when at any such election the plurality of
an elected candidate for an office over the vote for a defeated candidate receiving the
next highest number of votes was either (1) less than a vote equivalent to one-half of
one per cent of the total number of votes cast for the office but not more than two
thousand votes, or (2) less than twenty votes, there shall be a recanvass of the returns
of the voting machine or voting machines and absentee ballots used in such election for
such office unless such defeated candidate or defeated candidates, as the case may be,
for such office file a written statement waiving this right to such canvass with the municipal clerk in the case of a municipal office, or with the Secretary of the State in the case
of a state or district office. In the case of state and district offices, the Secretary of the
State upon tabulation of the votes for such offices shall notify the town clerks in the
state or district, as the case may be, of the state and district offices which qualify for an
automatic recanvass and shall also notify each candidate for any such office. When a
recanvass is to be held the municipal clerk shall promptly notify the moderator, as
defined in section 9-311, who shall proceed forthwith to cause a recanvass of such
returns of the office in question in the same manner as is provided in said section 9-311. In addition to the notice required under section 9-311, the moderator shall before
such recanvass is made give notice in writing of the time when, and place where, such
recanvass is to be made to each candidate for a municipal office which qualifies for an
automatic recanvass under this section. Nothing in this section shall preclude the right
to judicial proceedings on behalf of a candidate under any provision of chapter 149. For
the purposes of this section, "the total number of votes cast for the office" means in the
case of multiple openings for the same office, the total number of electors checked as
having voted in the state, district, municipality or political subdivision, as the case may
be. When a recanvass of the returns for an office for which there are multiple openings
is required by the provisions of this section, the returns for all candidates for all openings
for the office shall be recanvassed. No one other than a recanvass official shall take part
in the recanvass. If any irregularity in the recanvass procedure is noted by a candidate,
he shall be permitted to present evidence of such irregularity in any contest relating to
the election.

History: 1967 act provided for adding "of the office in question" to "cause a recanvass of such returns", also provided
for the clerk to notify the secretary of the state upon receipt of application for a recanvass where a state election is involved;
1971 act provided that the definitions contained in Sec. 9-372 would apply for purposes of section to state, district and
municipal offices but that office of presidential elector is deemed a state office, deleted provision for application for
recanvass and provided that a recanvass would take place where votes were within the limits already specified, immediately,
in the case of municipal elections or upon the tabulation of the vote for state and district offices by the secretary of the
state, unless a written waiver is filed by defeated candidate(s); P.A. 80-281 provided, in the case of multiple openings for
the same office, the total number of votes cast means the total number of electors checked as having voted and provided
that a recanvass in that case will result in the returns for all candidates being recanvassed; P.A. 84-319 amended section
to provide uniformity in procedures for recanvass after primaries and elections; P.A. 85-382 required only recanvass
officials to take part in recanvass and permitted candidates to present evidence of irregularities noted in any contest relating
to the election.

Sec. 9-311b. Recanvass on tie vote. If the electors fail to elect a candidate for any
office by reason of an equality of votes at any election, there shall be a recanvass of the
returns for such office unless, prior to the time of such recanvass, all but one of the
candidates so receiving an equal number of votes dies, withdraws his name or for any
reason becomes disqualified to hold such office.

Sec. 9-312. Declaration of result; returns to secretary. In each municipality divided into voting districts, unless otherwise provided by law, the head moderator shall
be the presiding officer for the purpose of declaring the result of the vote of the whole
municipality and of making returns to the Secretary of the State, and the moderators in
each of the voting districts shall be assistant presiding officers and shall make returns
of their polls as required by law.

(1949 Rev., S. 1059; 1953, S. 790d; 1971, P.A. 836, S. 3.)

History: 1971 act substituted "head moderator" for "moderator of the first district" and for "moderators of the other
district" substituted "moderators in each of the voting districts".

Duty of moderator in election of selectmen. 104 C. 401. See annotations to Sec. 9-310.

Sec. 9-313. Forms for returns. The Secretary of the State shall transmit to the
town clerk of each town, before each state election, blank forms for the returns required
by this chapter, and such returns shall be made out, certified and directed according to
such forms. The Secretary of the State shall cause to be printed in the several blanks,
for the use of moderators and counters, such names of candidates for the several offices
to be voted for as are certified to him by the chairmen of the state committees of the
several political organizations in the state.

Sec. 9-314. Return of list of votes by moderator. (a) As used in this subsection,
"moderator" means the moderator of each state election in each town not divided into
voting districts and the head moderator in each town divided into voting districts. The
moderator shall make out a duplicate list of the votes given in the moderator's town for
each of the following officers: Presidential electors, Governor, Lieutenant Governor,
Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator,
representative in Congress, state senator, judge of probate, state representative and registrars of voters when said officers are to be chosen. Said list shall include a statement of
the total number of names on the official check list of such town and the total number
checked as having voted. The moderator may transmit such list to the Secretary of the
State by facsimile machine or other electronic means prescribed by the Secretary of the
State, not later than midnight on election day. If the moderator transmits such list by
such electronic means, the moderator shall also seal and deliver one of such lists to the
Secretary of the State not later than the third day after the election. If the moderator
does not transmit such list by such electronic means, the moderator shall seal and deliver
one of such lists by hand either (1) to the Secretary of the State not later than six o'clock
p.m. of the day after the election, or (2) to the state police not later than four o'clock
p.m. of the day after the election, in which case the state police shall deliver it by hand
to the Secretary of the State not later than six o'clock p.m. of the day after the election.
Any such moderator who fails to so deliver such list to either the Secretary of the State
or the state police by the time required shall pay a late filing fee of fifty dollars. The
moderator shall also deliver one of such lists to the clerk of such town on or before the
day after such election. The Secretary of the State shall enter the returns in tabular form
in books kept by the Secretary for that purpose and present a printed report of the same,
with the name of, and the total number of votes received by, each of the candidates for
said offices, to the General Assembly at its next session.

(b) As used in this subsection, "moderator" means the moderator of each municipal
election in each town not divided into voting districts, and the head moderator in each
town divided into voting districts. The moderator shall forthwith transmit to the Secretary of the State the results of the vote for each office contested at such election by
facsimile machine or other electronic means prescribed by the Secretary of the State,
not later than midnight on election day. If the moderator transmits such list by such
electronic means, the moderator shall also seal and deliver one of such lists to the Secretary of the State not later than the third day after the election. If the moderator does not
transmit such list by such electronic means, the moderator shall seal and deliver one of
such lists by hand either (1) to the Secretary of the State not later than six o'clock p.m.
of the day after the election, or (2) to the state police not later than four o'clock p.m. of
the day after the election, in which case the state police shall deliver it by hand to the
Secretary of the State not later than six o'clock p.m. of the day after the election. Any
such moderator who fails to so deliver such list to either the Secretary of the State or
the state police by the time required shall pay a late filing fee of fifty dollars. Such
moderator shall include in such return a statement of the total number of names on the
official check list of such town and the total number checked as having voted. Such
return shall be on a form prescribed by the Secretary of the State.

History: 1963 act reduced the number of lists of votes to be sent to secretary from two to one; 1964 act deleted representative-at-large; 1971 acts deleted provision for mailing of list and substituted immediate hand delivery to the secretary of
the state or to the state police who are required to deliver it by hand to the secretary of the state before four o'clock p.m.
the day following the election, changed provision for delivery of list to the town clerk "within two days" to "on or before
the day after the election", changed "moderator of first voting district" to "head moderator" and deleted "unless otherwise
provided by law"; P.A. 77-196 added registrars of voters to the other offices on the list and added new Subsec. (b) providing
for a report from moderator of municipal election on each contested office; P.A. 85-577 changed time frame of delivery,
imposed $50 fee for late filing and required immediate transmittal of the vote for each office contested at such election;
P.A. 88-89 amended Subsec. (b) to require results of municipal elections to be delivered to secretary of the state in same
manner and time as provided under Subsec. (a), instead of being transmitted forthwith; P.A. 93-384 substituted "official
check list" for "registry list" and amended Subsec. (b) to require moderator or head moderator to "forthwith transmit"
instead of "deliver" voting results to secretary; P.A. 95-171 amended Subsec. (a) to conditionally authorize transmitting
list by facsimile machine, effective October 1, 1995, and applicable to elections held on or after that date; P.A. 00-99
deleted reference to sheriff in Subsec. (a), effective December 1, 2000; P.A. 03-112 amended Subsec. (a) by defining
"moderator", authorizing moderator to transmit list of votes by "other electronic means" and making conforming and
technical changes, and amended Subsec. (b) by defining "moderator", requiring moderator to transmit list of votes by
"facsimile machine or other electronic means", adding procedure for delivering list by hand, adding penalty for any moderator failing to deliver list by time required and making conforming changes, effective June 18, 2003.

Sec. 9-315. Canvass for presidential electors, U.S. senator and members of
Congress. The votes returned as cast for a senator in Congress, representatives in Congress and presidential electors shall be publicly counted by the Treasurer, Secretary of
the State and Comptroller on the last Wednesday of the month in which they were cast,
and such votes shall be counted in conformity to any decision rendered by the judges
of the Supreme Court as provided in section 9-323. In accordance with the count so
made, they shall, on said day, declare what persons are elected senators in the Congress
of the United States or representatives in Congress, and the Secretary of the State shall
forthwith notify them by mail of their election; and they shall declare the proper number
of persons having the greatest number of votes to be presidential electors and, in case
of an equal vote for said electors, shall determine by lot from the persons having such
equal number of votes the persons appointed, and the Secretary of the State shall forthwith notify them by mail of their appointment.

(1949 Rev., S. 1112; 1953, S. 793d; P.A. 85-577, S. 8.)

History: P.A. 85-577 required that candidates for U.S. Senate and House of Representatives be notified by mail immediately of their election and abolished requirement that names of persons appointed as presidential electors be published in
two Hartford newspapers.

Sec. 9-316. Canvass in vacancy election of U.S. senator or representative. The
Treasurer, Secretary of the State and Comptroller shall, within thirty days after a vacancy
election for a senator in Congress or representative in Congress, subject to the provisions
of section 9-323, publicly count the votes returned, and declare what person is elected,
and the Secretary of the State shall forthwith notify him by mail of his election. The
Secretary of the State shall enter the returns in tabular form in books kept by him for
that purpose and present a copy of the same, with the name of, and the total number of
votes received by, each of the candidates for said office, to the Governor within ten days
thereafter.

(1949 Rev., S. 1111; 1953, S. 794d; P.A. 85-577, S. 9.)

History: P.A. 85-577 amended section to require notification to candidates by mail, required secretary of the state to
enter returns in tabular form in books and to send a copy of the same, with the name of, and the total number of votes
received by, each candidate to the governor within ten days thereafter, where previously original returns and canvass were
submitted to governor.

Sec. 9-317. Certification of election of U.S. senator. When any senator in Congress has been elected, the Governor shall certify his election under the seal of the state
to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of the State.

Sec. 9-318. Canvass of votes for state officers. The votes for Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller and Attorney General shall
be canvassed by the persons authorized to receive and count the same, within thirty days
next after they were cast, unless a complaint under the provisions of section 9-324 is
pending, in which case such canvass shall not be made until after the third Monday of
December next after they were cast. In making such canvass, the votes upon the returns
made by presiding officers shall be counted in conformity to the decision of the judge
of the Superior Court or of the Supreme Court, as the case may be, and such canvass
shall be in conformity to such decision, and a fair list of such votes made to conform
to the original returns of the presiding officers, as corrected or affected by the finding
or decision of such judge, with the original returns of the presiding officers and certified
copies of the decision of such judge, shall, on the first day of the session, be laid before
the General Assembly, which shall declare who are elected to said offices respectively.

Sec. 9-319. Canvass of votes for state senators and representatives and judges
of probate. The votes for state senators, state representatives and judges of probate, as
returned by the moderators, shall be canvassed, during the month in which they are cast,
by the Treasurer, Secretary of the State and Comptroller, and they shall declare, except
in case of a tie vote, who is elected senator in each senatorial district, representative in
each assembly district and judge of probate in each probate district. The Secretary of
the State shall, within three days after such declaration, give notice by mail to each
person chosen state senator, state representative or judge of probate of his election.

(b) The Secretary of the State shall keep a record of the names of the registrars of
vital statistics and town clerks so returned. The secretary may certify that the persons
named in such record are the registrars of vital statistics or the town clerks, as the case
may be, of their respective towns for the period for which they were respectively elected.

(1949 Rev., S. 523; 1953, S. 798d; P.A. 88-45, S. 1.)

History: P.A. 88-45 designated existing section as Subsec. (a), amended Subsec. (a) to require return to indicate when
elected town clerk is registrar of vital statistics, ex officio, and added Subsec. (b) re record and certification of registrars
of vital statistics and town clerks.

(b) The voting districts subject to the audit described in subsection (a) of this section
shall be selected in a random drawing by the Secretary of the State and such selection
process shall be open to the public. The offices subject to the audit pursuant to this
section shall be, (1) in the case of an election where the office of presidential elector is
on the ballot, all offices required to be audited by federal law, plus one additional office
selected in a random drawing by the Secretary of the State, but in no case less than three
offices, (2) in the case of an election where the office of Governor is on the ballot, all
offices required to be audited by federal law, plus one additional office selected in a
random drawing by the Secretary of the State, but in no case less than three offices, (3)
in the case of a municipal election, three offices or twenty per cent of the number of
offices on the ballot, whichever is greater, selected at random by the municipal clerk,
and (4) in the case of a primary election, all offices required to be audited by federal
law, plus one additional office, if any, but in no event less than twenty per cent of the
offices on the ballot, selected in a random drawing by the municipal clerk.

(c) If a selected voting district has an office that is subject to recanvass or an election
or primary contest pursuant to the general statutes, the Secretary shall select an alternative district, pursuant to the process described in subsection (b) of this section.

(d) The manual audit described in subsection (a) of this section shall consist of the
manual tabulation of the paper ballots cast and counted by each voting machine subject
to such audit. Once complete, the vote totals established pursuant to the manual tabulation shall be compared to the results reported by the voting machine on the day of the
election or primary. The results of the manual tabulation shall be reported on a form
prescribed by the Secretary of the State which shall include the total number of ballots
counted, the total votes received by each candidate in question, the total votes received
by each candidate in question on ballots that were properly completed by each voter and
the total votes received by each candidate in question on ballots that were not properly
completed by each voter. Such report shall be filed with the Secretary of the State who
shall immediately forward such report to The University of Connecticut for analysis.
The University of Connecticut shall file a written report with the Secretary of the State
regarding such analysis that describes any discrepancies identified. After receipt of
such report, the Secretary of the State shall file such report with the State Elections
Enforcement Commission.

(e) For the purposes of this section, a ballot that has not been properly completed
will be deemed to be a ballot on which (1) votes have been marked by the voter outside
the vote targets, (2) votes have been marked by the voter using a manual marking device
that cannot be read by the voting machine, or (3) in the judgment of the registrars of
voters, the voter marked the ballot in such a manner that the voting machine may not
have read the marks as votes cast.

(f) Notwithstanding the provisions of section 9-311, the Secretary of the State shall
order a discrepancy recanvass of the returns of an election or primary for any office if
a discrepancy, as defined in subsection (o) of this section, exists where the margin of
victory in the race for such office is less than the amount of the discrepancy multiplied
by the total number of voting districts where such race appeared on the ballot, provided
in a year in which the Secretary of the State is a candidate for an office on the ballot
and that office is subject to an audit as provided by this section, the State Elections
Enforcement Commission shall order a discrepancy recanvass if a discrepancy, as defined by subsection (o) of this section, has occurred that could affect the outcome of the
election or primary for such office.

(g) If The University of Connecticut report described in subsection (d) of this section
indicates that a voting machine failed to record votes accurately and in the manner
provided by the general statutes, the Secretary of the State shall require that the voting
machine be examined and recertified by the Secretary of the State, or the Secretary's
designee. Nothing in this subsection shall be construed to prohibit the Secretary of the
State from requiring that a voting machine be examined and recertified.

(h) The audit report filed pursuant to subsection (d) of this section shall be open to
public inspection and may be used as prima facie evidence of a discrepancy in any
contest arising pursuant to chapter 149 or for any other cause of action arising from
such election or primary.

(i) If the audit officials are unable to reconcile the manual count with the electronic
vote tabulation and discrepancies, the Secretary of the State shall conduct such further
investigation of the voting machine or tabulator malfunction as may be necessary for
the purpose of reviewing whether or not to decertify the voting machine or machines
in question or to order the voting machine to be examined and recertified pursuant to
subsection (g) of this section. Any report produced by the Secretary of the State as a
result of such investigation shall be filed with the State Elections Enforcement Commission and the commission may initiate such further investigation in accordance with
subdivision (1) of subsection (a) of section 9-7b as may be required to determine if any
violations of the general statutes concerning election law have been committed.

(j) The individual paper ballots used at an election or primary shall be carefully
preserved and returned in their designated receptacle in accordance with the requirements of section 9-266, 9-302 or 9-310, whichever is applicable.

(k) Nothing in this section shall be construed to preclude any candidate or elector
from seeking additional remedies pursuant to chapter 149.

(l) After an election or primary, any voting machine may be kept locked for a period
longer than that prescribed by sections 9-266, 9-310 and 9-447, if such an extended
period is ordered by either a court of competent jurisdiction, the Secretary of the State
or the State Elections Enforcement Commission. Either the court or the Secretary of the
State may order an audit of such voting machine to be conducted by such persons as
the court or the Secretary of the State may designate, provided the State Elections Enforcement Commission may order such an audit under the circumstances prescribed in
subsection (f) of this section. If the machine utilized in such election or primary is an
optical scan voting system, such order to lock such machine shall include the tabulator,
memory card and all other components and processes utilized in the programming of
such machine.

(m) The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, as may be necessary for the conduct of the manual tabulation of the
paper ballots described in subsection (a) of this section and to establish guidelines for
expanded audits when there are differences between the manual and machine counts.

(n) Notwithstanding any provision of the general statutes, the Secretary of the State
shall have access to the code in any voting machine whenever any problem is discovered
as a result of the audit described in subsection (a) of this section.

(o) As used in this section, "discrepancy" means any difference in vote totals between machine and manual counts in a voting district that exceeds one-half of one per
cent of the lesser amount of the vote totals between machine and manual counts where
such differences cannot be resolved through an accounting of ballots that were not
marked properly in accordance with subsection (e) of this section, "state election" means
"state election", as defined in section 9-1, and "municipal election" means a municipal
election held pursuant to section 9-164.

Sec. 9-322a. Clerk to file listing of returns. Certification of lists. Not later than
twenty-one days following each regular state election, the town clerk of each town
divided into voting districts shall file with the Secretary of the State a consolidated
listing, in tabular format, as prescribed by the Secretary of the State, of the official
returns of each such voting district for all offices voted on at such election, including
the total number of votes cast for each candidate, the total number of names on the
registry list, and the total number of names checked as having voted, in each such district.
The town clerk of such town shall certify that he or she has examined the lists transmitted
under this section to determine whether there are any discrepancies between the total
number of votes cast for a candidate at such election in such town, including for any
recanvass conducted pursuant to section 9-311 or 9-311a, and the sum of the votes cast
for the same candidate in all voting districts in such town. In the case of any such
discrepancy, the town clerk shall notify the head moderator and certify that such discrepancy has been rectified. Each listing filed under this section shall be retained by the
Secretary of the State not less than ten years after the date of the election for which it
was filed.

(P.A. 82-426, S. 13, 14; Sept. Sp. Sess. P.A. 09-7, S. 115.)

History: Sept. Sp. Sess. P.A. 09-7 reduced amount of time that town clerks must submit election returns showing district
results from within 60 to not later than 21 days following election, provided that results shall be presented in format
prescribed by Secretary, and required town clerks to certify that they have examined lists to determine whether discrepancies
exist and further certify that any such discrepancy has been rectified, effective October 5, 2009.